6th Amendment

The white-collar bar is a varied and wonderful thing.

On one hand, there are the large-firm players — the FCPA mongers and the folks doing criminal antitrust work who fly all over the globe representing clients in lucrative conference room litigation that will rarely see a courtroom.

These cases are well-funded. Even if the client has a higher chance of French kissing the Chief Justice during the State of the Union address than of being indicted, as long as he’s indemnified by a large company, many firms will do everything they possibly can to be completely and fully ready for an indictment that will never come. I haven’t yet heard of a mock jury for a client in an investigation that isn’t going to be indicted, but I think that’s only because no one has thought it up yet. (And, to my friends currently representing such indemnified clients, you’re very welcome for the suggestion.)

For these folks, attorney-client privilege exists and is relatively easy to preserve. It’s good to be pre-indictment and it’s good to be indemnified.

But, for the rest of the folks accused of white-collar crimes, our Department of Justice is only too happy to make folks choose between a preserved attorney-client privilege and the Sixth Amendment.

How?

double red triangle arrows Continue reading “DOJ Says They Can No Longer Afford To Respect The Attorney-Client Privilege”

That’s what some people are saying.

It’s a brutal attack on an attorney running for governor, blasting him for representing criminal defendants. How can he protect battered women when he helped their abusers beat the rap? How indeed. Oh, and it’s not just that he helped their abusers, he did so for money. Because counseling the accused for fees in this country is where all the money is. It’s a seedy racket no way at all as admirable as, I don’t know, lobbying elected officials for political favors at the expense of the citizenry. If only this guy was smart enough to take hundreds of thousands to poison rivers and streams he wouldn’t be such a scumbag.

This ad is just goddamned brilliant at connecting the disingenuous dots for the easily duped.

And this message was “approved” — ultimately — by a former prosecutor who’s now being investigated by the office he once led….

double red triangle arrows Continue reading “Is This Political Ad Against A Lawyer The Most Negative Ever?”

* Guys in my high school White House dropped threats to veto defense bills authorizing infinite detention of U.S. citizens all the time, it was no big deal. Nothing like bastardizing the Sixth Amendment. [New York Times]

* So much for occupying the court system, eh? This judge won’t budge on dismissals, and more than half of the OWS protesters who appeared in court yesterday accepted an offer over going to trial. [Bloomberg]

* Gibson Dunn says that it will file a motion to dismiss Paul Ceglia’s Facebook suit in January. Now taking bets on whether Ceglia will have another lawyer by then. [Buffalo News]

* Just like Michael Jackson, Conrad Murray’s money was gone too soon. He’s requesting a public defender to handle the appeal of his conviction for involuntary manslaughter. [CNN]

* Lindsay Lohan was finally able to please Judge Sautner during her probation progress hearing. She was also able to please her adoring fans, because she reportedly flashed her bra. [USA Today]